Monmouth Bar Association Annual Family Law Dinner-Books Pdf

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President s Message Carol J Truss Esq, First and foremost to those of ment Committee for a very enjoyable evening. you who just got around to pay Thank you also to my law partner Neal Herstik. ing your annual dues which were for once again playing the piano for this event. due on June 1 2016 THANK, YOU Aside from not wasting On December 16 2016 our Association will be. the time and resources of our Association on re hosting the annual holiday party for Monmouth. peated billings next June think about how you County Head Start children This event is held in. feel when you have to bill a client for six months the Jury Assembly Room coordinated by Tim. before they pay your bill It s not fun is it McGoughran his family and many other volun. teers who organize and conduct the festivities, December means that the holidays are in full This year there will be two sessions one com. swing and everyone is very busy trying to balance mencing at 11 00 a m and a second commencing. family friends work and other obligations Even at 2 00 p m Please stop by to join the fun and. with all of these demands on our time I am con participate in this very worthwhile event. sistently impressed by how much effort the mem, bers of our Association devote to the betterment I have recently had the pleasure of attending the. of our profession through their volunteer efforts swearing in ceremonies of Judges Henry Bute. Our committees are meeting many seminars horn Vincent Falcetano and Owen McCarthy I. have been offered and other noteworthy events will have the honor of presenting the gavel to one. are in the works I thank all of our members for more new judge Andrea Marshall sometime in. the time that they devote to keeping our Associa January 2017 We are very lucky to have these. tion active and serving the needs of our members four new judges in our vicinage all of whom are. eminently qualified to serve as members of the, For those of you facing the CLE deadline at year judiciary I welcome and congratulate them on.
end two great seminar opportunities recently this great accomplishment. were offered A seminar on criminal justice re, form took place on November 30th at the Mon On behalf of the officers and trustees of the Mon. mouth County Prosecutor s Office presented mouth Bar Association our outstanding Executive. jointly by our Criminal Practice Committee and Director Tracey Settipane and her superb Ad. the Monmouth Criminal Division The Associa ministrative Assistant JoAnne Boyle I extend our. tion s Super CLE Day was held on December 2 nd best wishes for a happy and joyous holiday season. at the Court House If you are still in need of and a healthy and prosperous New Year. credits the Association has a library of CLE vide, os available for viewing at a nominal cost Con I never dreamed about success I worked for it. tact Tracey or JoAnne at the office to make ar Estee Lauder. rangements,By the time you are reading this issue of the Mon. mouth Memoranda we will have already enjoyed,yet another fabulous holiday show and dinner at. Branches on December 8 2016 Many many,thanks to Entertainment Committee Chairs JJ Uli.
ano and Doug Kovats and the entire Entertain,MBA NEWS EVENTS. THE MONMOUTH BAR OFFICERS AND TRUSTEES,ASSOCIATION FOR THE 2016 2017 TERM. NOMINATING COMMITTEE, Pursuant to the By Laws of the Monmouth Bar Asso Officers. ciation President Truss appointed the following to President Carol J Truss. serve on the Nominating Committee The members President Elect Douglas J Kovats. of the committee are First Vice President Brian E Ansell. Second Vice President Joseph M Casello,Gregory S Baxter Treasurer Christine G Hanlon. Matthew A Cohen Secretary Lynn E Staufenberg,William J Connelly.
Kerry E Higgins,Richard P Lomurro,Nicole L Sonnenblick Trustees. The Monmouth Bar Association Nominating Com Paul H Frankel In Perpetuum Matthew A Cohen 2017. mittee has commenced its search for candidates for John F DeBartolo In Perpetuum William J Connelly 2017. Officers and Elected Trustees of the Association as Erik Anderson 2019 Michael L Detzky 2017. well as Trustees to the Legal Aid Society Richard P Lomurro 2019 Craig S Laughglin 2017. Steven E Nelson 2019 Anthony V Locascio 2017, In order to assist in this task we ask that all those Jonathan Goldsmith Cohen 2018 James M Newman 2017. interested in being considered for nomination please F Bradford Batcha 2018 Ellen Torregrossa O Connor 2017. forward a resume and letter setting forth the posi Loryn M Lawson 2018. tions for which you seek consideration addressed to Patricia B Adams 2017. the Nominating Committee c o Monmouth Bar As M Scott Tashjy 2017. sociation Court House Freehold New Jersey James J Uliano 2017. 07728 Bunce D Atkinson 2017,Andrea I Bazer 2017, The vacancies to be considered by the Committee Michael G Celli Jr 2017. are President Elect First and Second Vice Presidents. Treasurer Secretary and three Trustees for a three. year term as well as twelve Trustee positions to the. Legal Aid Society Immediate Past President Ronald T Catelli. Executive Director Tracey A Settipane, We ask that all resumes and requests be forwarded Administrative Assistant JoAnne M Boyle. no later than February 1 2017 to give us an oppor N J State Bar Association Timothy F McGoughran Trustee. tunity to consider all applicants and comply with our. mandate of reporting prior to the March meeting of. the Association,Ronald T Catelli Esq,Chair MBA Nominating Committee.
Monmouth Vicinage Update, We approach this holiday season with a sense of accomplishment for last year s successes and thankful. ness to the Bar for its support along with anticipation of the exciting opportunities and challenges that. lie ahead in 2017 More than ever before the strong collaboration between the bench and the Bar is. critical to fulfilling our mission to provide equal access to a fair and effective system of justice for all. The vicinage has made great strides in preparing for Criminal Justice Reform in 2017 with support from. your members and their participation in our kickoff seminar and planning meetings We were also priv. ileged to have Bar members participate in various vicinage outreach events such as the Hispanic Latino. Leaders Panel Discussion Law Day Miranda roundtable discussion and other beneficial public outreach. activities, We are pleased to welcome four new members to the Monmouth bench Judge Henry P Butehorn. was sworn in on November 1 and is assigned to the family division He served as a judicial law clerk to. Judge E Benn Micheletti after graduating from Widener University and its school of law From 1999. until his appointment to the bench he was an associate and later a partner at Ronan Tuzzio Gian. none in Tinton Falls where he focused on medical malpractice defense litigation. A formal swearing in ceremony was held on November 18 for Judge Vincent N Falcetano Jr who is. assigned to the criminal division A graduate of Seton Hall School of Law he began his legal career as. an assistant prosecutor in the Essex County Prosecutor s office After relocating to Monmouth Coun. ty he worked at Drazin and Warshaw before starting his own firm with his longtime friend Richard. DeConca in 2001, Judge Andrea I Marshall is no stranger to the MBA having served as a trustee and Monmouth County. Counsel for many years She served as judicial law clerk to Judge Yolanda Ciccone and Judge Steven. LeFelt after graduating from Hofstra University School of Law and worked as an associate with. Wilentz Goldman and Spitzer before starting her own firm She is assigned to the family division. Judge Owen McCarthy joins the civil division after a career in public service and private practice A. graduate of Seton Hall University Law School he served as a judicial law clerk to Judge Peter Boggia. He was a council member in both Fair Lawn and Manasquan and a partner at Connell Foley in Roseland. before joining the Monmouth bench, The New Year will also bring exciting changes to our management staff Kathleen Wardlow was named. Civil Division Manager effective November 28 and Michael Mazza was named Criminal Division Pretrial. Services Assistant Division Manager effective September 6 On December 12 Carlos A Gandulla be. came Assistant Family Division Manager for the matrimonial and non dissolution teams On December. 19 Biddle Medley will join our team as Operations Manager. My thanks to the members of the MBA for their time energy and support of our judges and staff May. your holidays be warm and bright and may you enjoy a prosperous New Year. CALENDAR OF EVENTS AND SEMINARS,PLEASE DIARY EARN YOUR CLE CREDITS.
and FROM THE,PLAN TO ATTEND MONMOUTH BAR, January 19 2017 Annual Family Law Dinner January 20 2017 Municipal Court Seminar. Shadowbrook Shrewsbury Jury Assembly Room Freehold. February 16 2017 MBA Sports Night Branch February 17 2017 Copyright and Trademark. es West Long Branch Seminar Jury Assembly Room Freehold. March 30 2017 March Bar Dinner Navesink March 2 2017 Family Law Seminar American. CC Middletown Hotel Red Bank, April 20 2017 April Bar Dinner Breakers March 23 2017 Civil Practice Seminar Ameri. Spring Lake can Hotel Freehold, May 11 2017 MBA Installation Dinner Eagle April 20 2017 Real Estate Seminar Breakers. Oaks Country Club Spring Lake,May 11 2017 Criminal Practice Seminar Eagle. NEED CREDITS,Oaks Country Club,The MBA has a library of video based CLE programs.
Appointments can be made to view these at a nominal fee NOTICE TO THE BAR. during business hours by calling Tracey or JoAnne at SEMINAR APPROVAL FOR MCLE CREDITS. 732 431 5544, For those members attending Monmouth Bar Association semi. Below are the practices areas which our new courses nars it is MANDATORY that you sign in and complete the Certi. currently cover,fication and Evaluation form provided. Trusts Estates, Criminal Law In order to receive a certificate of attendance at the seminar or. Employment Law within thirty days of successful completion of a course this is a. Family Law requirement,Ethics Professionalism,Law Office Management Technology. Thank you for your cooperation,CRIMINAL PRACTICE COMMITTEE NEWS.
Steven Nelson Esq Co Chair, It s time to stop complaining about it criticizing it or questioning whether it is was an amazing presentation Those who participated and our association. necessary When we return from the week long holiday recess Criminal Justice should be very proud. Reform will be the law I truly hope anyone who intends to step into a criminal The program was recorded It can be viewed by anyone who unfortunately. courtroom after the first of the year defending an individual who has entrusted could not attend or re reviewed by those who did attend by contacting. you to protect his her fundamental rights and to defend him her against a possi Tracey at the MBA office I truly urge all criminal practitioners to take the time. ble loss of freedom has read the new laws become familiar with the new rules over the next couple of weeks to watch the program Grab a beer and some. and is ready to take on the challenge of a new criminal justice process A pro popcorn and enjoy the show. cess filled with many unanswered procedural questions A process which will Judge Mellaci s handouts as well as the flow charts of the process prepared. clearly take us into uncharted waters Will changes be needed along the way by Judge Bauman are also available at the MBA office. Of course Will all facets of the process need to display patience understanding Last month I wrote about the critical case resolution initiative which was an. and respect for each other No doubt Will it succeed It must Like it or not it innovative proposal by Judge Bauman and embraced by the Prosecutor to. is the law Accept it learn it and just do it clear as many pending cases as possible before the first of the year Alt. Rest assured that there is no Criminal Division in this State that has done more hough initially intended to focus on incarcerated defendants the initiative has. to prepare itself and all involved in the criminal justice system for CJR than our expanded to include all pending cases By all accounts it has been a major. Criminal Division There is no Prosecutor s Office that is more prepared to deal success With Judge Scully drawing upon his many years of experience in. with the drastic changes ahead or that has been more cooperative and proactive criminal law conferencing cases selected for the initiative and participating in. with the bench and the defense bar than the Monmouth County Prosecutor s the plea discussions many of the cases on the trial list or which seemed to be. Office There is no Presiding Criminal Judge that has been more cognizant of at an impasse in negotiations have been resolved The Trial Team prosecu. the impact the legislation will have on our judges or has been more diligent pre tors have been given approval to resolve pending cases with much more. paring the bench for what is coming than our Presiding Criminal Judge Honora benevolent plea offers I have drawn upon the objectives of CCR in my dis. ble David Bauman And I respectfully suggest there is no local Criminal Practice cussions with Trial Team prosecutors and have been able to resolve more. Committee that has made a greater effort to be a productive part of the transition than a half dozen cases some involving mandatory sentences which other. or to educate a criminal bar than your Monmouth Criminal Practice Committee wise may have dragged on for months Needless to say these resolutions. We the private defense bar owe a tremendous amount of gratitude to Judge resulted in significant benefits to my clients By being proactive in resolving. Thornton Judge Bauman Prosecutor Chris Gramiccioni First Assistant Mark these cases I feel I did my small part to assist towards a smooth transition. LeMieux and the Criminal Division Administrative Staff for including us as part of into Criminal Justice Reform Just imagine the significant benefit to the transi. the transition team Our inclusion is truly extraordinary and simply another exam tion if each of us took the initiative and were able to resolve one or two cases. ple of the unique working relationship we have with our bench and administra I again urge the private bar to review their files and take advantage of this. tion A relationship for which especially during the holiday season we should be incredible opportunity Doing so will not only serve the best interests of your. thankful and celebrate clients but it will also be doing your part in preparing for Criminal Justice Re. On November 30 2016 the MBA CPC and Monmouth Criminal Division spon form Act now CCR ends December 31 2016. sored a Criminal Justice Reform seminar before a standing room only audience With so much focus on the upcoming procedural changes we may tend to. at the Monmouth County Prosecutor s Office By all accounts the program lived lose sight or overlook significant changes in the substantive law Two recent. up to its advanced billing as a must attend comprehensive and informative decisions by the New Jersey Supreme Court clarify or revise two exceptions. presentation on the upcoming Bail Reform and Speedy Trial Legislation Special to the search warrant requirement In State v Charles Bryant Jr decided on. thanks to our Prosecutor Christopher Gramiccioni for hosting the event We November 10 2016 the unanimous court reversed the Appellate Division. must also recognize and thank the Honorable Anthony J Mellaci Jr our former holding that the protective sweep exception to the warrant requirement could. Presiding Criminal Judge for his continued involvement since retiring and for his not be used under the facts of that case to justify the warrantless search and. presentation summarizing the new court rules and legislation seizure of marijuana reportedly found in plain view during the sweep The. The program included a step by step explanation of the new bail procedure from court held that the protective sweep conducted in that case was not justified. the initial arrest through the warrant summons complaint decision the mandatory because the police lacked reasonable and articulable suspicion that another. commitment to the county jail for defendants charged on a warrant the public party was present In its opinion the court reaffirmed its recognition of the. safety assessment and the release on conditions or prosecutor s request for sanctity of one s home To justify a warrantless search under the protective. detention Moderated by Judge Bauman with interjecting explanations of local sweep exception the State must prove that the law enforcement officers were. policies by First Assistant Prosecutor Marc LeMieux the panel comprised of 1 lawfully within the private premises for a legitimate purpose and 2 have. those individuals who will actually be involved in the process described each step a reasonable and articulable suspicion that the area to be swept harbors an. of the process Pretrial Services Director Mike Mazza provided a Power Point individual posing a danger The court emphasized that such a suspicion. presentation on the public safety assessment explaining the risk scores and the must be individualized rather than generalized In Bryant the court held that. levels and conditions of pretrial release Kudos to Mike who was a late replace the officers conducting the sweep had nothing more than a subjective. ment for the position only a couple of months ago He probably understands bail hunch. reform and the practical issues we face better than those proponents of the bill The second case decided November 15 2016 State v Xiomara Gonzales. who apparently failed to seek the input from those in the trenches before push eliminated one of the three requirements of the plain view exception to the. ing the legislation through Our Presiding Municipal Court Judge James New warrant requirement In that case the police had information that the defend. man and Municipal Division Director John Tonelli explained the Municipal Court ant was about to receive a package of heroin Surveillance was conducted of. Judge s role in examining the public safety assessment and making the release the defendant s car which revealed the car making two stops and the defend. vs detention decision at the first appearance which must be held within 48 hours ant s co defendant placing a package in the car s backseat during one of the. of the arrest Deputy First Assistant Prosecutor Michael Wojciechowski and stops The vehicle was stopped for speeding The officer that approached. Director of Screening Stacy Handler provided invaluable information on the initial the vehicle allegedly saw bricks of heroin in plain view on the floor The trial. stages of the risk based bail procedure shortly after arrest Patrice Bearden First court denied the Motion to Suppress relying on the plain view warrant excep. Deputy Public Defender spoke of her office s significant role in the process It tion The Appellate Division reversed holding that the motor vehicle stop was. CRIMINAL PRACTICE COMMITTEE NEWS,Steven Nelson Esq Co Chair. a pretext and the discovery of the heroin was not inadvertent which was a re the immaterial needs of those close to us In this holiday season and. quirement for applying the plain view doctrine The Supreme Court reversed the throughout the upcoming year it is important that we take care of ourselves. Appellate Division holding that the inadvertence element of the plain view excep and enjoy life to the fullest Give the gift of love to the important people within. tion should be eliminated Therefore after Gonzales which establishes a new your circle of life Many of us would not be who we are or enjoy the success. standard and is to be applied only prospectively the plain view exception only we have achieved without the love and support of those in the background of. requires that 1 the officer be lawfully in the area where he she views the evi our private lives True success is not measured by the amount of money in. dence and 2 the officer immediately identifies the incriminating nature of the your bank account the size of your house or the type of car that you drive. evidence The elimination of the inadvertence requirement brings New Jersey True success can only be achieved by working toward being the best you. law into conformance with the federal standard can be professionally and in your personal life Our success will survive us. On December 8th the last of the quartet of criminal judges retiring over the past and leave others with something much more important than material things. 12 months stepped off the bench for the last time The Honorable Ronald L Our success is best measured by the legacy we leave behind. Reisner J S C a k a Ronnie Rulebook ended a distinguished judicial career We are part of a profession that provides us with the unique opportunity to. the last more than 8 of which were served on the criminal bench During his help others though our knowledge experience and legal skills Rarely does. years in the East Wing Judge Reisner displayed a unique ability to apply his one seek the services of an attorney for a happy occasion It is important that. comprehensive knowledge of the Court Rules and criminal law in a practical way we never lose sight of how important a client s case is to him her even though. He displayed an ability to objectively assess the strengths and weaknesses of a it may be only one of many in our file cabinet Professional success is not. case from both sides He was never short on expressing his opinions once you achieved by maximizing the fee we can earn It is in our business the inner. got past his war stories about his days at the US Attorney s Office or listening to feeling we get knowing we did our best to help someone who entrusted us. his views on the actions of our political representatives Truth be told more with his her legal troubles It is taking on a worthwhile cause for which we. times than not Judge Reisner s opinions and assessments were on the mark may be compensated with nothing more than a sincere thank you It is. As a member of the Board of Trustees and one with a passion for our Associa helping a less experienced lawyer to be a better lawyer without concern that. tion I always encourage our members to get involved and participate in social he she may eventually be competing for the same clientele It is respecting. events where we get the opportunity to interact with each other and with the our profession and honoring the Rules of Professional Conduct when no one. bench in a more informal settings It is no secret that I am a fisherman first and a else would ever know if you went astray It is sitting down after summation. golfer second However a few years ago I started playing twilight golf with knowing you were prepared did your best played by the rules and respect. some judges and other association members at Shark River on Monday eve the eventual verdict which is beyond your control. nings Judge Reisner organizes the evenings Many times when he does not This is the time of year to acknowledge even if only to ourselves those who. walk the course I have ridden with Judge Reisner in the same golf cart he have played instrumental roles in our personal and professional development. drives of course It was truly a pleasure to interact with a respected judge on a Some of those people indirectly influenced our careers by providing an exam. more personal level He is a man who recognizes the innate qualities in people ple of the professionalism integrity civility and humility necessary to be a. and appreciates sincere yet often subtle expressions of true friendship Alt successful lawyer Unfortunately they may not even be aware of the subtle. hough I have never socialized with Judge Reisner outside a bar dinner or a round but invaluable contributions they have made to those of us who emulate them. of golf I consider him a friend Personally and on behalf of the Monmouth Bar or of their contributions to the legal profession as a whole. Association I thank Judge Reisner for his dedicated loyal and passionate service On the other hand most of us have someone a judge a partner in the firm of. as a Superior Court Judge We wish him only the best in whatever the future our first job or even a stranger witnessing a young lawyer in distress who. may hold provided unforgettable advice and guidance that we may not have totally. As reported last month the Honorable Vincent Falcetano J S C will be assum appreciated at the time but decades later realize how valuable it was We. ing Judge Reisner s calendar and attempt to fill the large void left in Courtroom now have the ability and responsibility to share the priceless gift those special. 337 on the Third Floor of the East Wing of the Court House We look forward to people gave us with others The joy realized from sharing this intangible. working with Judge Falcetano a criminal judge with years of experience in the wisdom is simply knowing that we have made a positive contribution to the. criminal field success of the next generation of lawyers and to the future of our wonderful. I have had the privilege of attending two swearing in ceremonies for our newest profession In this holiday season and the upcoming year let us all do our. judges the Honorable Henry Butehorn and the Honorable Vincent Falcetano At best to give unto others as others have given to us. the conclusion of each ceremony Judge Thornton repeated the words that Judge We all have those in our personal lives who we know we could not have. Lawson used to say to every judge he swore in to that prestigious position of achieved what we have without their unconditional love unwavering support. authority The message in Judge Lawson s words is moving sincere and intend countless sacrifices and compassionate understanding It may have been a. ed as a reminder not only to new judges but also those seasoned with experi parent a spouse or a significant other For some like me it was my children. ence what it means to don the black robe It is a message that is timeless For There were games I missed and homework I couldn t help with They under. similar reasons over the past few years in my December column I have included stood I can only hope that the relationship I now enjoy with my kids as young. my humble thoughts in a holiday message about who we are as lawyers and as adults is shared by many others who had to constantly balance professional. individuals Here they are responsibilities against family commitments and were able to do it We could. With the final curtain of another year about to drop we look forward to what will not have done it alone It is important that those in our private lives know that. undoubtedly be an interesting challenging year of transition We hopefully enter we appreciate the inspiration and support they provided even if they didn t. the new year with optimistic anticipation for the future and with a sincere recogni realize it at the time. tion and appreciation for how we each got to where we are as an individual and. as a lawyer Personally and on behalf of Criminal Practice Committee I wish everyone a. A reflection into the past can also remind us of how quickly time goes by More happy healthy holiday season and successful New Year. importantly it should remind us to appreciate our achievements learn from our. mistakes and remember those who contributed along the way So much of our. time is dedicated to helping others that we often ignore our own well being and. January 2017 March 2017,Continued on next page,MOTION CALENDAR. January 2017 March 2017,MBA UPDATES AND EVENTS,Suggested Holiday Schedule. THE MONMOUTH BAR,Monday January 2 2017 New Year s Day Observance.
ASSOCIATION, Monday February 20 2017 President s Day Observance. WOULD LIKE TO WISH,Friday April 14 2017 Good Friday. ALL MEMBERS AND THEIR Monday May 29 2017 Memorial Day Observance. FAMILIES A SAFE Tuesday July 4 2017 Independence Day Observance. HOLIDAY SEASON AND Monday September 4 2017 Labor Day. A HAPPY NEW YEAR Friday November 10 2017 Veteran s Day Observance. Thursday November 23 2017 Thanksgiving Day,Monday December 25 2017 Christmas Day Observance. Three Optional Holidays Have,MONMOUTH MOCK Been Suggested. TRIAL COMPETITION, Monday January 16 2017 Martin Luther King s Birthday.
Friday February 13 2017 Lincoln s Birthday, The Monmouth Bar Association in conjunction with the State Bar Asso. ciation annually sponsors a county wide mock trial competition for high Monday October 9 2017 Columbus Day. school students This program is part of a state wide program in which. student teams from area high schools compete for state wide honors. based upon the quality of advocacy The program s purpose is to ex. pose area high school students to the justice process by affording them. the opportunity to participate as witnesses jurors and attorneys in. realistic trial type settings Each high school team is assisted by an at. torney advisor who helps the students in their preparation for the trial. Attorneys who have participated in this program in the past have found. it to be extremely rewarding LEGAL AID SOCIETY,URGENT APPEAL. COACHES AND JUDGES ARE NEEDED FOR During this holiday season if you are consider. MONMOUTH COUNTY HIGH SCHOOL TEAMS FOR ing a charitable donation at year s end please. THE ANNUAL VINCENT J APRUZZESE remember the Legal Aid Society of Monmouth. MOCK TRIAL COMPETITION County We are a 501 c 3 charity organiza. tion Any and all donations are tax deductible, PLEASE CONTACT JONATHAN COHEN and are greatly appreciated Checks should be. AT 732 741 9500,made payable to the Legal Aid Society and. mailed to P O Box 2006 Ocean New Jersey,MONMOUTH COUNTY COMPETITIONS.
07712 Your generous donations will help us to,WILL BEGIN IN JANUARY 2017. continue our good work for the poor and indi, HELP SEND A MONMOUTH COUNTY TEAM TO THE gent of Monmouth County. STATE AND NATIONAL CHAMPIONSHIPS,Thank you and Happy Holidays. NEWS FROM NEW BRUNSWICK THE NJSBA REPORT, By Tim McGoughran Monmouth County Representative to NJSBA Board of Trustees. The following is a summary of actions taken at the Nov about the large size of the Disciplinary Oversight. 18 2016 meeting of the New Jersey State Bar Associa Committee s reserve which remains at over 25 per. tion Board of Trustees at the New Jersey Law Center in cent of its operating budget The association will also. New Brunswick This summary does not constitute offi urge the consideration of a reduction in annual attor. cial minutes You can find an electronic version here ney assessment fees if the trend continues as well as. urge officials to work within the committee s budget. Audit The New Jersey State Bar Association has a ary constraints to ensure no increases are necessary. strong financial base and is a thriving home to the in future years even if the reserve is drawn down to. state s largest lawyers group and the leading continu an amount that is more consistent with standard busi. ing legal education organization a draft auditor s re ness protocols Read the NJSBA letter here. port from Withum Smith Brown showed The board, adopted the draft audit for fiscal year 2016 which end Government affairs The board approved support of.
ed in June The auditors found no issues of concern and A 3892 S 2463 which would adjust the time from 45. expected to issue a clean and unmodified opinion when days to 60 days when child placement review hear. the report is finalized in the coming weeks ings are initiated. Law Center The Board of Trustees approved a pro In other news the NJSBA Family Law Section Holi. posal to complete security upgrades at the New Jersey day Party is on December 14 2016 at 6 00pm and. Law Center to protect the safety of Law Center staff and will be taking place right here in Monmouth County. guests at Deal Golf Club The menu is spectacular three. hours open bar and a chance raffle for many gift bas. Amicus The trustees agreed the NJSBA should seek kets with the proceeds to benefit the Legal Aid Society. friend of the court status in Bisbing v Bisbing a family of Monmouth County The cost is 90 00 and it will. law matter The association will advocate in favor of be a great time. the Appellate Division ruling for a remand and urge. that the scope of the remand focus on whether the plain On a much brighter and beachy note the NJSBA. tiff who did not have an attorney made a knowing Family Law Section retreat will be held in Cancun. clear and unmistakable waiver of statutory rights to Mexico from March 22 2017 to March 26 2017 at. have a court grant permission to relocate children the JW Marriot You do not need to be family lawyer. based on the lack of counsel and ambiguous language to participate just a member of the NJSBA If there. Read the brief here is one week a year to be a family lawyer this is the. week As Chair of the Family Law Section and I am, Events Contracts for two upcoming events were ap looking forward to an exciting year and a successful. proved by the board including the Elder Law Retreat retreat. on April 20 21 in Long Branch and the Solo and Small If any member of the Monmouth Bar has any ques. Firm Conference s southern location in Cherry Hill on tions or concerns that they believe should be brought. March 4 To register for the Solo Conference s north to the attention of the NJSBA Board of Trustees. location click here To register for the Solo Confer please feel free to call me at 732 660 7115 or email. ence s south location click here me at,TMCGOUGHRAN MCGOUGHRANLAW COM. Disciplinary Oversight Committee budget With the, board s approval the NJSBA will renew its concerns. MONMOUTH BAR,EMAIL MEMORANDA ASSOCIATION DUES, Any member who is still not receiving their Your annual dues are due on June 1 2016 You. Memoranda via email please have them call received by email the dues notice for 2016 2017. the Bar Association office at 732 431 5544 term,or forward their email to.
Payment can be made via email to Tracey at, tmaciewicz monmouthbar verizon net tmaciewicz monmouthbar verizon net fax to. 732 431 2843 or by mail to, Email will allow us to provide you with MONMOUTH BAR ASSOCIATION. legal updates between the Memoranda and Courthouse. it will allow us to remind you of upcoming Freehold New Jersey 07728. not to be missed seminars and meetings,If you did not receive a copy of your dues notice. by email please contact either JoAnne or Tracey,and a copy will be sent to you directly. GENERAL WELFARE OF TIME TO TAKE ADVANTAGE,MEMBERSHIP COMMITTEE OF THE LAWYER REFERRAL.
NEW JERSEY LAWYERS,PROGRAM FOR 2016 2017,ASSISTANCE PROGRAM. For those of you who are not familiar with the program the. The New Jersey Lawyers Assistance Program was established to Monmouth Bar Association receives numerous phone calls from. provide assistance to attorneys members of the judiciary law the general public seeking referrals to attorneys who specialize. students and law school graduates with personal problems that and practice in the various areas of law including personal injury. affect their well being and professional performance Their ser matrimonial criminal workers compensation bankruptcy land. vices include help for such things as depression stress and burn lord tenant real estate commercial among other areas. out alcohol and drug abuse marital and family relationships pre. scription drug concerns gambling career concerns eating disor The Monmouth Bar Association office matches the members of. ders and balancing work and family the public with an attorney who regularly practices in that area. based upon geography and makes the referral The Bar Associa. The New Jersey Supreme Court has assured the utmost confiden tion charges a nominal fee of 150 00 for annual membership in. tiality by adopting Rule 1 28B 3 Call 1 800 246 5527 1 800 the Program This is one of the great bargains in law It is very. 24NJLAP or contact online at www NJLAP org If you have any inexpensive to receive referrals which may ultimately lead to new. questions please call Tracey at the Bar Association at 732 431 clients. 5544 or you may contact me directly at 732 367 9025. Call the Bar office 732 431 5544 for a 2016 Lawyer Referral. Thomas J Smith III Chair Program Application Don t miss out. General Welfare of Membership Committee,732 367 9025. MONMOUTH TAX ALERT,Taxes are the Price of Civilization. Tax Law Committee Questions or Comments should be emailed to. Theodore M David Chairman Tdavidlawyer gmail com,Blog Learn to Love the IRS. Current Items,1 Trump on Estate Taxes,2 Trump on Income Taxes.
1 The state of New Jersey has recently decided to begin giving up on the idea of an estate tax Legislation was passed on October 7 2016 to. increase the tax on gasoline by 23 a gallon As part of the state s plan increasing the gas tax would allow the estate tax to be eliminated over. the next 15 months In 2017 the exemption from the New Jersey estate tax would be increased to 2 million For years it had been stuck at the. one time federal estate tax exemption of 675 000 In 2018 the tax will be eliminated completely New Jersey still maintains an inheritance tax. the rates of which are based upon the relationship of beneficiaries to the decedent and the amount of money or property received by them. Spouses and children are exempt from the extraction Other relations are taxed accordingly New Jersey has seen the light By making taxpayers. pay at the pump the state may be able to afford to eliminate whole sections of its division of taxation and cut out a huge section of its tax law. Additionally those responsible to collect the tax at the pump now become unpaid agents of the tax agency with personal responsibility should the. tax not be paid over to the authorities Everyone makes out Now enter the dark horse candidate that no one thought had a chance to become. president As Donald Trump becomes comfy with the office of president one of his campaign platforms has been to eliminate the federal estate. tax It could be said that for the most part only the negligent paid that tax to begin with The use of all manner of trusts and other estate planning. tools too often may have resulted in only the poorly advised finding themselves subject to tax liability With their current estate tax exemption of. more than 5 million the middle class was practically insulated from the estate tax anyway It seems the American government runs on the pro. ceeds of income taxes paid by individuals and businesses of one sort or another The federal estate tax in contrast raises only nickels and dimes. Eliminating the estate tax in its entirety will free up IRS resources to pay more attention to where the golden egg is laid the income tax It. could also be argued that it levels the playing field among the negligent and poorly advised Eliminating the estate tax also allows taxpayers to. make decisions with regard to their estates based on family need without tax considerations It also conveniently lops off a big section of the. unloved Internal Revenue Code Lawyers who make their living creating elaborate estate tax plans should be somewhat concerned There are. also many connections to the income tax like carry over basis should both the estate and the gift tax be repealed And talk of taxing gain at death. won t get a lot of fans But there is a big difference between campaign promises and real legislation Certainly the elimination of the estate tax and. its sister gift tax may leave a bad taste in the mouths of ordinary Americans who may have voted Trump into office as it looks like catering to the. rich Trump s plan for the income tax also calls for reductions in rates for individuals and corporations Is it possible that the country will wake up. one day without an estate tax a gift tax or an income tax but with a VAT tax which is a kind of modified sales tax on consumption similar to the. way it is collected in Europe Sort of like paying at the pump. 2 If one were to go to Donald Trump com tax plan one can find the answer to all of America s tax problems 1 tax relief for middle class. Americans in order to achieve the American dream let people keep more money in their pockets and increase after tax wages Who could argue. with that 2 Simplify the tax code to reduce the headaches Americans face in preparing your taxes and let everyone keep more of their money. Other than we sophisticated tax lawyers who could have a beef with that 3 Grow the American economy by discouraging corporate inversions. adding a huge number of new jobs and making America globally competitive again Just like the website says Tax reform to make America great. again 4 Doesn t add to the debt and deficit which are already too large There you have it The website goes on to explain that single people. who earn to 25 000 or married people earning less than 50 000 would pay no income tax Instead of the current tax brackets only four would. exist 0 10 20 and 25 at the same time eliminating the marriage penalty and repealing the alternative minimum tax It gets better No busi. ness of any size from a Fortune 500 to a mom and pop shop you have to love that plain folks kind of talk to a freelancer living job to job will pay. more than 15 of their business income in taxes This lower rate makes corporate inversions unnecessary by making America s tax rate one of. the best in the world In addition no family will have to pay the death tax You earned it and saved that money for your family not the govern. ment You paid taxes on it when you earned it Nicely said And the plan is revenue neutral that s because most deductions and loopholes would. be eliminated or reduced And repatriation of corporate cash held overseas at a significantly discounted 10 tax rate would be a one time extrac. tion followed by an end to the deferral of taxes on corporate income earned abroad Apple watch out The website then goes on to give details. of the plan complete with examples At this point post election the individual tax brackets being talked about are 12 25 and 33 The top. bracket would start at a relatively low level but would be offset by a large standard deduction of 15 000 and itemized deductions would be. capped Deductions for state income taxes and real property taxes could get axed too As a trade off for repealing the estate tax by the way a. capital gains tax would be due at death but calculated with a large exemption amount There you have it Now it remains to be seen what sur. vives the legislative process assuming there is such a process after January 20 2017. CLASSIFIEDS,MICHAEL L DETZKY ESQ,invites referrals from his colleagues. at the Bar in consumer and business,bankruptcy immigration and. military law matters,Thirty three years experience. Your client relationships will be,respected and protected. 732 780 3090,45 Court Street,Freehold NJ 07728,ASSOCIATE ATTORNEY.
Prominent Northern Ocean County Law Firm,seeks an Associate with 2 6 years experience. Must be admitted to practice in New Jersey,Practice areas to include corporate and complex. commercial transactions To be considered for,this position candidate must submit the following. in confidence via email to lrusso bathweg com,Cover letter with salary requirements. Writing sample,Ideal candidate will be self motivated well.
organized possess excellent writing and verbal, communication skills with ability to generate busi. ness and have a portable book of business,BATHGATE WEGENER WOLF P C. One Airport Rd,Lakewood NJ 08701,ADVERTISEMENT,1st APPEARANCE RISK ASSESSMENT HEARINGS. PRE TRIAL DETENTION HEARINGS, PAUL E NEWELL is accepting referrals of clients for 1st Appear. ance Risk Assessment Hearings and Pre Trial Detention Hearings. under the new Criminal Justice Reform Act effective January 1 2017. 1st Appearance Risk Assessment Hearings must be held within 48. hours of a client s commitment to jail and Paul E Newell will accept. client calls at 732 938 0201 on a 24 7 basis Mr Newell is available. for hearings scheduled on Saturday Sunday or holidays. The fee for representation at a weekend 1st Appearance Risk Assess. ment Hearing is 2 500 00 Referral fees are paid as permitted by.

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